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Judgment
Petitioner is a medical company incorporated under the Companies Act, 1956, engaged in manufacture and supply of various drugs. The 2nd respondent that is the Kerala Medical Services Corporation Limited has blacklisted the petitioner as per Ext.P5 order and aggrieved, petitioner has preferred appeal before the 1st respondent evident from Ext.P6, seeks direction for early consideration of Ext.P6 appeal and also an interim order enabling the petitioner to participate in the tenders quoted by other medical companies outside the State of Kerala.
Having considered the rival submissions made across the Bar and perused the pleadings and there will be a direction to the 1st respondent to finalise Ext.P6 at the earliest possible, and at any rate, within three months from the date of receipt of a copy of this judgment, after providing an opportunity of hearing to the petitioner and in the meanwhile the petitioner will be at liberty to participate in any tenders quoted by medical as well as other companies outside the State of Kerala, which will be subject to the result of the appeal.
The writ petition is disposed of, accordingly.
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE E-TENDER DOCUMENT FOR PROCUREMENT OF DRUGS CATEGORY I & II FOR THE YEAR 2016-17 OF THE 2ND RESPONDENT
EXHIBIT P2 TRUE COPY OF SHOW CAUSE NOTICE NO.KMSCL/QC/23/2018 DATED 3.10.2018 OF THE 2ND RESPONDENT
EXHIBIT P3 TRUE COPY OF LETTER NO.BPL /2018/975 DATED 13.11.2018 OF THE PETITIONER TO THE 2ND RESPONDENT
EXHIBIT P4 TRUE COPY OF ARGUMENT NOTE OF THE PETITIONER BEFORE THE 2ND RESPONDENT
EXHIBIT P5 TRUE COPY OF ORDER NO.KMSCL/QC/23/20187 DATED 09.4.2019 OF THE 2ND RESPONDENT
EXHIBIT P6 TRUE COPY OF APPEAL DATED 22.04.2019 BEFORE THE 1ST RESPONDENT BY THE PETITIONER ALONG WITH ENCLOSURES
EXHIBIT P7 TRUE COPY OF LETTER NO.KMSCL/BRG/ED/I & II/383-BPL/2019 DATED 17.04.2019
EXHIBIT P8 TRUE COPY OF LETTER DATED 13.04.23019 OF THE PETITIONER TO THE 2ND RESPONDENT
RESPONDENT'S/S EXHIBITS: NIL